The Problem of Universal Jurisdiction in Curbing International Crimes
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2011
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Abstract
There is generally no agreed doctrinal definition of universal jurisdiction in customary and
conventional international law. However, this does not preclude any definition, which embodies the
essence of the concept as the ability to exercise jurisdiction irrespective of territoriality or nationality.
Therefore, the concept of universal jurisdiction applies to a situation where "
entitles a State to exercise its jurisdictio
territory, has been perpetrated by a non
the acts." "Universal jurisdiction" refers to the competence of a national court to try a p
suspected of a serious international crime
torture-even if neither the suspect nor the victim are nationals of the country where the court is
located ("the forum state"), and the crime took pla
legal principle which has evolved in order to overcome jurisdictional gaps in the international legal
order. It is intended to ensure that those responsible for international crimes
crimes against humanity, grave breaches of the Geneva Conventions, and torture
justice. Universal jurisdiction is primarily enacted when States with a more traditional jurisdictional
nexus to the crime (related, inter alia, to the pla
prove unable or unwilling to genuinely investigate and prosecute: when their legal system is
inadequate, or when it is used to shield the accused from justice.
| Reference Key |
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| Authors | TASHAKKUL, Hasanov RAHIM; |
| Journal | acta universitatis danubius: juridica |
| Year | 2011 |
| DOI |
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| URL | |
| Keywords | Keywords not found |
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